Assembly Speaker Carl Heastie, D-Bronx, speaks with reporters after listening to New York Gov. Kathy Hochul present her 2025 executive state budget in the Red Room at the state Capitol, Tuesday, Jan. 16, 2024, in Albany, N.Y.

Some Albany insiders say it could be May before a state budget is approved this year – and some state lawmakers don’t want to go a month without their pay.

Legislation (A.7764) was introduced recently by Assembly Speaker Carl Heastie, D-Bronx to end the practice of withholding legislative pay when the budget is late because of policy issues introduced by the governor as part of the budget.

“However, under current law, the salaries and allowances of members of the legislature are withheld until the budget is passed and has been finally acted on,” Heastie wrote in his legislative justification. “When the governor submits proposed legislation which is not necessary for the effective implementation of budget appropriation bills as part of the budget, lengthy negotiations surrounding such legislation often prevents the passage of the budget in a timely manner. In addition, such proposals could easily be negotiated outside of the context of the budget.”

Police matters have been a sticking point with this year’s budget. Hochul and legislative leaders have differences over Hochul’s proposed discovery reforms that she says will address prosecutors’ concerns that too many cases are being thrown out of court on a technicality. Opponents of her proposal say relaxing discovery timelines will allow prosecutors too much leeway in when discovery materials are turned over to defense lawyers, tilting the justice system too far toward prosecutors.

“Albany dysfunction is nothing new — but the radical agenda of legislative Democrats has made it worse than ever,” state Sen. George Borrello, R-Sunset Bay, said in a recent Facebook post. “Right now, the budget is stalled over modest but vital changes to the state’s broken discovery laws, which have led to thousands of cases being tossed on technicalities. That wasn’t an accident — it was the goal of legislative Democrats, who are determined to keep as many lawbreakers as possible, out of jail and on our streets. I give Governor Kathy Hochul credit for holding the line on this issue, and on expanding involuntary commitment standards so the seriously mentally ill can get the help they need. These are common-sense reforms supported by most New Yorkers. It’s time for Democratic lawmakers to stop playing politics and do what’s right.”

There are also sticking points between Hochul and legislative Democrats over an expansion of involuntary commitment and a mask ban.

Heastie’s bill doesn’t yet have a companion bill in the state Senate and it’s unknown if Hochul would sign the bill even if it does pass the state Legislature. Legislators could override a veto by Hochul if two-thirds of state lawmakers approve an override vote. While there is a Democratic Party supermajority in the state Assembly, Democrats lost their supermajority in the state Senate in November’s election, meaning they would need some Republicans to cross the aisle to override Hochul’s veto.

State budgets have been late every year since Hochul took over after Gov. Andrew Cuomo’s resignation in 2021.

“If the highest-paid state legislators in America are worried about their paychecks, there’s a much easier solution: come to the table and pass a budget that includes Governor Hochul’s common-sense agenda,” Hochul spokesperson Avi Small said in a statement according to City & State NY.